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Child Support Enforcement (CSE)

Services: Income Withholding

Types Of Income Withholding

Income withholding is initiated when the obligor's employer is known and:

  • The support order is enforceable by "immediate" income withholding, or
  • The obligor is delinquent in paying support. This is referred to as "delinquency-based" income withholding.

Immediate Income Withholding:

A support order established or modified on or after January 1, 1990, is enforceable by immediate income withholding. This means that income withholding must be initiated even if the obligor is not delinquent in paying support.

Most support orders are enforceable by immediate income withholding. The only exceptions to immediate income withholding are as follows:

  • The order was established before January 1, 1990, and the order has not been modified since that time, or
  • The order was established or modified on or after January 1, 1990, and the court has made a written finding that there is good cause for not requiring immediate income withholding, or the court has approved an agreement for an alternative arrangement. Both the good cause finding and the alternative arrangement must meet specific provisions of state law.

Delinquency-Based Income Withholding:

If a support order is not enforceable by immediate income withholding because the order was established before January 1, 1990, and hasn't been modified since that time, or because the court has made a finding of good cause or has approved an alternative arrangement, income withholding must be initiated if the obligor becomes delinquent in paying support – with no exception. (An obligor is considered to be delinquent in paying support when payments which the obligor has failed to make are equal to or greater than the monthly obligation.)

 

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